Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:02-cv-01302-JCH

Document 481

Filed 09/13/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SHAWN POULIOT V. PAUL ARPIN VAN LINES AND; ARPIN LOGISTICS INC. : : : : : : CIVIL ACTION NO. 3:02 CV1302 (JCH)

SEPTEMBER 9, 2005

MOTION TO DISMISS CLAIMS AGAINST THIRD-PARTY DEFENDANTS MICHAEL D. KOVAC D/B/A TRANS-EXPO INTERNATIONAL AND ERICA RAMIREZ Pursuant to F.R.C.P. 41(c), the defendants/third-party defendants, Michael Kovac d/b/a Trans-Expo International and Erica Ramirez (hereinafter "TransExpo and Ramirez", respectfully move that any remaining claims made against them by the defendants/third-party plaintiffs Paul Arpin Van Lines, Inc. and Arpin Logistics, Inc. (hereinafter collectively "Arpin") be dismissed. The third-party claims made by Arpin against Trans-Expo and Ramirez included claims sounding in apportionment, equitable indemnification, common law indemnification and contribution. Arpin's claims for apportionment were dismissed by Order of this Court dated January 14, 2004 (doc. #240). Arpin's claims for equitable indemnification were also dismissed by this Court's Order of January 14, 2004 (doc. #240). Arpin's claims for common law indemnification were dismissed by the Court's May 2, 2005 ruling on Trans-Expo and Ramirez's Motion for Summary Judgment (doc. #404).

One Goodwin Square 225 Asylum Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:02-cv-01302-JCH

Document 481

Filed 09/13/2005

Page 2 of 4

Arpin's remaining third-party claim, sounding in common law contribution, was extinguished by virtue of the plaintiff's settlement with Trans-Expo and Ramirez and should be dismissed. Plaintiff settled his direct claims against Trans-Expo and Ramirez and, on August 15, 2005 this Court granted plaintiff's Motion to Dismiss all of his claims against these defendants (doc. #428). Connecticut General Statutes Section 52-572h(n) provides that "[a] release, settlement or similar agreement entered into by a claimant and a person discharges that person from all liability for contribution. . . . However, the total award of damages is reduced by the amount of the released person's percentage of negligence determined in accordance with subsection (f) of this section." See also Stefano v. Smith, 705 F. Supp. 733 (D. Conn. 1989). Arpin appears to have acknowledged that there are no remaining viable third-party claims against Trans-Expo and Ramirez in the Final Pretrial Memorandum signed by Arpin's counsel and filed with this Court dated August 1, 2005 (Sec. 6, pgs. 3-14). Arpin has put this Court and the plaintiff on notice of the intention to introduce evidence in order to retain its right to have the fault of the settled co-defendants apportioned by the jury. See Arpin' Submission Regarding Dismissal of Cos Defendants, dated July 20, 2005 (doc. #423). For the reasons stated above, the defendants/third-party defendants Michael D. Kovac d/b/a Trans-Expo International and Erica Ramirez move that
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One Goodwin Square 225 Asylum Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:02-cv-01302-JCH

Document 481

Filed 09/13/2005

Page 3 of 4

any and all remaining third-party claims made against them by Arpin be dismissed.

THIRD PARTY DEFENDANTS, MICHAEL D. KOVAC D/B/A TRANS-EXPO INTERNATIONAL AND ERICA RAMIREZ, IN HER CAPACITY AS EMPLOYEE OF TRANS-EXPO INT'L. BY: _____/S/___________________________ Susan O'Donnell of HALLORAN & SAGE LLP Fed. Bar No. ct07539 One Goodwin Square Hartford, CT 06103 Tel. No. (860) 522-6103 Fax No. (860) 548-0006 email: [email protected]

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:02-cv-01302-JCH

Document 481

Filed 09/13/2005

Page 4 of 4

CERTIFICATION This is to certify that on September 9, 2005, a copy of the foregoing was either mailed postpaid, or hand-delivered to: Shawn Pouliot Michael A. Stratton, Esquire Stratton Faxon 59 Elm Street New Haven, CT 06510 Tel No. (203) 624-9500 Fax No. (203) 624-9100 Roland F. Moots, Jr., Esquire Moots, Pellegrini, Mannion, Martindale & Dratch, P.C. 46 Main Street, P.O. Box 1319 New Milford, CT 06776-1319 Tel. No. (860) 355-4191 Fax No. (860) 355-8487 The Festo Corporation John A. Tarantino, Esquire James R. Oswald, Esquire Adler, Pollock & Sheehan One Citizens Plaza, 8th Floor Providence, RI 02903 Tel: (401) 274-7200 Fax: (401) 751-0604 Paul Arpin Van Lines, Inc and Arpin Logistics, Inc. Thomas J. Grady, Esquire Lenihan, Moone, Gallogly & Grady 6 Canal Street Westerly, RI 02891-0541 Tel. No. (401) 596-0183 Fax No. (401) 596-6845 Harold J. Friedman, Esquire; and Attorney Karen Frink Wolf Friedman Gaythwaite Wolf & Leavitt Six City Center, P.O. Box 4726 Portland, ME 04112 Tel. No. (207) 761-0900 Fax No. (207) 761-0186 Daniel J. Krisch, Esquire Michael S. Taylor, Esquire Horton, Shields & Knox PC 90 Gillett Street Hartford, CT 06105 Tel: 860-522-8338 Fax: 860-728-0401

/S/ Susan O'Donnell

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105